Expert Analysis

• Opinion

  Shareholder Derivative Litigation Needs A Better Framework

  

  Uncoordinated, multiforum shareholder derivative litigation is a growing issue for corporate defendants that have little to no recourse for organizing and consolidating actions, but several commonsense steps should be utilized to preempt such disputes, say attorneys at Sullivan & Cromwell.

• How State, Local Rules Are Expanding Debt Collection Reach

  

  Consumer protection rules recently enacted by several states signal that the rules of debt collection are being rewritten at a pace that should command the attention of every creditor, servicer, debt buyer, collection agency and collection law firm operating across state lines, says Weldianne Scales at Reed Smith.

• How Nixing Trade-Through Rule Would Alter Equity Markets

  

  The U.S. Securities and Exchange Commission's recent proposal to rescind the trade-through rule and the locked-and-crossed-markets prohibition represents one of the most significant potential changes to U.S. equity market structure in two decades, affecting exchanges, broker-dealers, and institutional and retail investors alike, say attorneys at WilmerHale.

• The Nuance Between The Atkins, Gensler SEC Strategic Plans

  

  U.S. Securities and Exchange Commission Chairman Paul Atkins' recent draft strategic plan is a marked departure from that of former Chair Gary Gensler, portraying an intention to leave decisions to the market rather than steering corporate behavior through expansive disclosure mandates and regulatory enforcement, say attorneys at Cleary.

• Future Of Fed Independence Shaky After Justices' Ruling

  

  The U.S. Supreme Court's recent ruling in Trump v. Cook preserved the Federal Reserve's formal independence but could invite the president to remove board members with just modest protections, leaving the central bank's autonomy uncertain and potentially setting up fresh clashes over other agencies, says Steven Schwinn at the University of Chicago.

• A New Regulatory Environment For PE In Calif. Healthcare

  

  The California Office of Health Care Affordability's proposed revisions to its cost and market impact review regulations, amid broader state scrutiny of private equity-backed healthcare arrangements, represent a qualitative shift in California's regulatory posture toward institutional healthcare investment, say attorneys at Ropes & Gray.

• Series

  Bass Fishing Makes Me A Better Lawyer

  

  Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

• How Rated Note Feeders Help Insurers Tap Private Credit

  

  With insurer investments comprising nearly a third of the private credit market, rated note feeders offer insurers a compelling way to access private credit yields through debt instruments by balancing key features of debt investment with the structural and economic profiles of private credit funds, say attorneys at Akin.

• Roundup

  The Most Talked-About Supreme Court Decisions Of 2026

  

  This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

• Agentic AI And Securities Law: Who Is The Adviser?

  

  Securities regulation has always been actor-based, but as agentic artificial intelligence becomes more common, it will push the law toward a partially system-based framework in which systems themselves, and the relationships between them and their deployers, are the focus of regulatory attention, says Joseph A. Hall at Davis Polk.

• Have Private Suits Filled Gap Left By SEC's Crypto Pullback?

  

  In the wake of the U.S. Securities and Exchange Commission's regulatory retreat in the crypto space, private litigants have pursued claims across different types of crypto-related activities and market participants, but whether private lawsuits have replaced SEC enforcement remains unclear, says Simona Mola at NERA.

• A Potential Turning Point For Short-And-Distort Claims

  

  A California federal jury's conviction of Andrew Left signals that the historically blurry line between securities fraud and legitimate criticism of companies is growing clearer, and that there is a viable recourse against so-called short-and-distort campaigns intended to create a false impression of the market, say attorneys at Baker McKenzie.

• CFTC Policy Substantially Expands Self-Reporting Incentives

  

  A recent U.S. Commodity Futures Trading Commission policy moves from a mitigation-centered model to prioritizing declination for early self-reporting and full cooperation, reflecting a deliberate effort to harmonize voluntary self-disclosure incentives across the federal enforcement authorities, say attorneys at Sullivan & Cromwell.

• Series

  Choral Singing Makes Me A Better Lawyer

  

  Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

• What Ratings Overhaul May Mean For Banking Industry

  

  Proposed revisions to the bank rating system commonly known as CAMELS could constrain examiner discretion and tie supervisory outcomes more closely to measurable financial risk, potentially saving compliance costs, reducing the frequency of ratings downgrades and spurring a more growth-oriented banking system, say attorneys at Debevoise.